Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-08-08
NEW LEASE OF LIFE.
Maxwell, the Murderer, May
not Hang for two Years.
The Stately Course Of Supreme
Court Affairs---lt May Delay the
Execution for that Length
of Time.

writ of error in Maxwell, the trunk
murderer's case, has been finally heard and
decided, and in the stately course of the
supreme court affairs this decision may
not come for two years. The delay will
be q tedious one to those who believe
that the laws greatest evil is its delay,
but the lawyers all agree that no delay is
too long where a mans life is at stake.
The particular grounds upon which the
case was appealed to the United States
supreme court have never been diyulged
by the attorneys for the little English
man, and the rather despairing express
sions they have given on the subject of
the chances of getting the case to this
court of last appeal make the points on
which Judge Miller granted the writ
matters of considerable interest, The
state supreme court having sustained the
lower court completely the only point
upon which a case can be further ap-
pealed to the United States supreme
court must be a point involving the vail
dity of certain features Of the case under
the United States constitution. Accord
ing to many lawyers there was no point
in the Maxwell case in which q construct
ion of the constitution was needed, and
the fact that a writ Of error was granted
is considered as proof that there must be
some constitutional point OF points which
escaped attention.
The announcement of the granting of
the writ was made at the four courts and
soon spread over the city over the tele-
phones, SO that the words were on every
ones lips.
maxwell has q new lease of life.n =
A representative of the Globe-pemo-
crat called upon the little appellant in
the jail, and he came up smiling, though
he must certainly have felt a futter of
the heart in anticipating the nature of
the visit. He was clad in an undershirt
and a pair Of white flannel p%antaloons
rather loose, with a maroon colored
girdle about the waist, and a white hand
kerchief, rather damp, thrown around
his neck. His cigarette between the
regular teeth was the axis around which
his sh1ile revolved. 1siSbyAa
"Well" he remarked, in q peculiar,
rich tone.
Good news,n he was told.
81 expected it," he remarked, begin
ming the phrase rather deliberately with
the beginning of a hump of the shoulder
and winding up with a rising infection
anu u pun VI SulUhe WIlGu HIS Slrua naQ
reached the proper altitude.
The substance of q dispatch from Mr..
Fountleroy to Mr.. John /. Martin was
head cooked a little sideways and at the
end looking up tripmphantly.
81 expected it. " he said. .tMr. Fount-
leroy told me his points. They were good
ones All, I can't tell you what they were,
you know. I'm not at liberty to state. ]
expected this" The last with an air OF
fnality about 1t that made rather a dis
agreea BILE pause In the conversation. He,
howev er, changed the subject to some
trifing matters, and then bowed himself
of toward his cell. The prisoners were
all looking out at him, sud not one OF
them could tell by his face whether the
news had been of hope or doom. A little
suggestiveness might have been observed
in his of stretching out his arms
and looking at them rather proudly as he
walked along.
Mr.. Samuel N. Brooks, father Of the
defendant, Maxwell, was almst over
powered with joy by the news from the
east. He said: SIT made a new man OF
me. / had given up all hope of my boy,
The old gentleman expressed again his
deep gratitude to the lawyers for the fight
they had made for Hugh. He sent O
c%ablegram to his home in Hyde, England,
as follows:
Good news. Writ of error has been
granted by the United States supreme
court judges.
1.-THE cablegram, y said the cid gentle
man, twill reach them Ut the breakfast
table, and 1t will be good news to them,
indeed. School breaks up tomorrow and
George starts on his vacation also. 1t
will be good news, indeed, to George,
Hugh's brother, and will give some zest
to the vacation which might otherwise
be o sad one. The granting of the writ
is the first thing ] have noticed which
meets with my idea of fair play